OFFICE OF THE PR. COMMISSIONER OF CUSTOMS (NS-III)
CONTAINER SCANNING DIVISION, JAWAHARLAL NEHRU CUSTOM HOUSE,
NHAVA-SHEVA, TAL- URAN, DIST- RAIGAD, MAHARASHTRA -400 707.

F. No. S/V-Misc-111/2016 CSD/JNCH

Date: 30.03.2021

PUBLIC NOTICE NO. 31/2021

Subject: Commissioning and commencement of operation of Mobile X-Ray Container Scanner (MXCS) at JNPCT Terminal; Procedure to be followed for containers selected for scanning at MXCS (Scan Mode-M1) -reg.

Attention of the Importers, General Trade, Port Terminal Operators, Shipping Lines / Shipping Agents, Container Freight Stations coming under the jurisdiction of Jawaharlal Nehru Custom House and all other stakeholders is invited to the Public Notice No. 04/2019 dtd. 04.01.2019 and Public Notice No. 146/2018 dtd. 09.11.2018 about procedure to be followed for scanning of containers selected for scanning.

2. Mobile X-Ray Container Scanner (hereinafter referred as MXCS) at JNPCT Terminal / Site of Jawaharlal Nehru Port has been successfully installed and commissioned. It will be fully functional from 30.03.2021 (Tuesday).

3. As the volume of Import Cargo is increasing exponentially at JN Port, the need to install more container Scanners was felt. It is further informed that this is a drive-by Scanner wherein 03-04 containers are aligned in a row and drivers need to get off the trailer and stay out of Radiation Zone during scanning process. This Scanner moves alongside the line of stationary trailer mounted containers and scan the same.

4. The administrative control of MXCS at JNPCT site will lie with the Container Scanning Division (CSD) headed by Additional / Joint Commissioner of Customs (CSD) which is located next to Port Users Building, Nhava-Sheva, Uran, Dist. Raigad-400 707.

5. Selection of Import Containers for scanning:-

The scanning list is auto generated from ICEGATE, once the Shipping Lines / Shipping Agents file the IGM and entry inward is granted by Customs. The import containers which are to be scanned will be selected by the Container Selection Module (CSM) of the RMS on the basis of risk parameters. The intimation of containers selected for scanning will be communicated automatically to the Terminal Operator, Shipping lines, CFSs, and the Scanning Division via e-mail.

6. Movement of import containers selected for scanning:-

i. The MXCS is installed inside JNPCT terminal. The containers which are selected for scanning at MXCS shall not leave the terminal without scanning. Logistics arrangement to ensure this requirement need to be worked out by Terminal, Shipping Lines and CFSs.

ii. In the case of DPD-DPD containers, either the Importer / CB (availing DPD facility) to bring the container for scanning at MXCS site for scanning and for this, Terminal Operator has to allow the entry of vehicle (Trailer) (on which container is to be loaded and brought for scanning) of AEO / DPD importer for pick-up of DPD container for scanning at MXCS OR on receipt of the request of the Importer/CB, Terminal operator shall facilitate the movement of these selected container to the MXCS site.

iii. In the case of DPD-CFS and non DPD containers, it shall be the responsibility of the Port / Shipping Line / Shipping Agent / CFSs / Transporters in-charge of removing the container from the wharf / yard to present the selected containers to the MXCS site for scanning. If, the Container selected for scanning left the terminal without scanning or if, the container is diverted en-route then the Port / Shipping Lines / CFS Operator shall be liable for penal action under the provisions of Customs Act, 1962 read with Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR, 2009).

iv. If any such selected container is noticed / found at the CFS which has entered / arrived at CFS without scanning, the same shall be forwarded / sent for scanning to Drive Through Container Scanner (hereinafter referred as DTCS) failing which the custodian of CFS shall be liable for penal action under the provisions of Customs Act, 1962 read with HCCAR, 2009. The Superintendent on duty at the DTCS will send a daily report to the DC / AC (CSD) containing the details of such containers which are scanned at DTCS but originally were selected for scanning at the MXCS.

v. The responsibility / obligation of safe transit of import Containers till the completion of scanning and delivery of the container lies with the Custodian (CFS) as per Handling of Cargo in Customs Areas Regulations (HCCAR, 2009)

vi. The Authorized carrier involved in movement of Customs Cargo under Sea Cargo Manifest and Transhipment Amendment Regulations (SCMTR), 2020 shall be responsible of the Movement or Handling of imported goods, its safety, security and delivery.

7. Procedure to be followed for Import Containers to be scanned at MXCS:-

i. On receipt of the selected container at the MXCS Facility, the Head Hawaldar / Hawaldar / Sepoy / Traffic Marshals posted at MXCS shall physically verify the container number / Seal number and “Scan Mode” printed on the EIR / pick-up ticket with the number on the container and seal affixed on the container. If the same are found to be correct, the container shall be allowed in for positioning the containers for scanning in the designated area after detailed instructions to the driver such as-

a. The weighment of the container shall be done before positioning;

b. container is to be parked & aligned at the designated place for scanning;

c. The driver need to alight from the vehicle before scanning and shall go out of the radiation zone and go to the safe room (driver’s room) while the scanning operation goes on;

d. After scanning the driver need to move the vehicle from the scanning area to the trailer holding area;

e. Then, the driver has to come to Check-in cabin to get the endorsement of the result of the scanning on the reverse of the EIR / Pick-up ticket.

ii. In case any discrepancy is found while physically verifying the container number and Seal number printed on the EIR / pick-up ticket with the number on the container and seal affixed on the container, the same shall be reported to Deputy / Assistant Commissioner of Customs, CSD immediately for further necessary action.

iii. On completion of scanning, the Preventive Officer of the MXCS Facility will endorse the following comments on the reverse of the EIR / pick-up ticket as the case may be and also keep one soft copy of EIR / pick-up ticket as a record (preferably a database of EIR / pick-up ticket to be maintained by the CSD Officers on daily basis for future reference).

a. If the image of the scanned container is found to be “CLEAN”, then the “SCANNED CLEAN” stamp in Blue Ink shall be affixed on the reverse of the EIR / pick-up ticket with signature and stamp of the officer concerned with his name and designation.

b. If the image of the scanned container is found to be “SUSPICIOUS” then the “SCANNED SUSPICIOUS” stamp in Red Ink shall be affixed on the reverse of the EIR / pick-up ticket with signature and stamp of the officer concerned with his name and designation. The details of the containers which are marked “SUSPICIOUS” will be forwarded through e-mail by DC/AC CSD to the DC/AC of the respective CFS (Import) on the same day for 100% examination at CFS.

iv. In case of Odd/ Over Dimensional Cargo (ODC), the MXCS Officer shall endorse the EIR / pick-up ticket as “NOT SCANNED DUE TO ODC” with signature and stamp of the officer concerned with his name and designation on the reverse of the pick-up ticket.

v. After completion of scanning at the MXCS Facility, the said containers shall move to the respective CFS / Terminals as decided by the Terminals / CFS / Importer / Custom Broker / Shipping lines. The Custodian of the said CFSs shall ensure that all such containers which are selected for scanning must have the endorsement “SCANNED” on the reverse of the EIR / pick-up ticket with signature and stamp of the officer concerned with his name and designation.

8. Procedure for clearance of containers pertaining to the RMS facilitated BEs

i. In the case of facilitated BEs, Out of Charge (OOC) can be given at “DPD / RMS Facilitation Centre”, only if the containers are scanned and marked as “Not Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned clean” on the EIR / pick-up ticket .

ii. No OOC shall be given if the containers selected for scanning are not scanned; or if it is marked as “Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned suspicious” on the EIR / pick-up ticket.

iii. All such BEs marked as “Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned suspicious” on the EIR / pick-up ticket shall be marked to examination as per the laid down ICES roles and procedures.

iv. These BEs shall be given OOC at the CFS only after the container marked as “Suspicious” is examined 100% under the supervision of DC/AC as per the existing procedure. For this purpose the scan image available in ICES or in the mail received from CSD shall be used.

v. If there are more than one containers in a BE and discrepancies are found on examination in the container marked suspicious, then all the containers of the BE shall be examined as per the existing procedure.

9. Procedure for containers pertaining to Non-facilitated BEs for examination:

i. In the case of non- facilitated BEs, Out of Charge (OOC) can be given if the containers are scanned and marked as “Not Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned clean” on the EIR / pick-up ticket after examining as per the prescribed examination order.

ii. No OOC shall be given if the containers selected for scanning are not scanned; or if it is marked as “Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned suspicious” on the EIR / pick-up ticket.

iii. The containers which are marked as “Suspect” in the “IGM container scanned option” in ICES or marked as “Scanned suspicious” on the EIR / pick-up ticket shall undergo 100% examination based upon the scan image available in ICES or the mail received from CSD in the presence of DC / AC of the concerned CFS before OOC.

iv. If there are more than one containers in a BE and discrepancies are found on examination in the container marked suspicious, then all the containers of the BE shall be examined as per the existing procedure.

10. Procedure for clearance of containers belonging to DPD Importers where the stacking code is DPD-DPD.

i. It shall be the responsibility of the Importer / CB (availing DPD facility) to bring the container selected for scanning at MXCS site for scanning and for this, Terminal Operator has to allow the entry of vehicle (Trailer) (on which container is to be loaded and brought for scanning) of AEO/DPD importer for pick-up of DPD container for scanning at MXCS OR on receipt of the request of the Importer/CB, Terminal operator shall facilitate the movement of these selected container to the MXCS site.

ii. In case, there are more than one container in the Bill of Entry and some of them are selected for scanning at MXCS, in such case, only those containers which are selected for scanning shall be moved to MXCS leaving the other containers at the Port Terminal.

iii. If containers are marked as “SCANNED SUSPICIOUS” at MXCS after scanning, all the containers of the BE shall be moved to any of the CFSs for the purpose of examination and further clearance as per the existing procedure.

iv. In case there is more than one container in the Bill of Entry and importer/CB has taken part delivery of containers not selected for scanning, it shall be the responsibility of the importer/CB to keep the seals of such containers intact and to produce the said Containers before Customs for examination. Concerned Group and Docks to ensure that action as mentioned above is taken in respect of all such containers covered by the said BE.

11. Where the containers are selected for scanning, but could not be scanned, due to non-functioning of MXCS:

Containers selected for scanning at MXCS shall mandatorily be scanned at MXCS except when MXCS is not in operation due to any technical reasons / periodic Maintenance or any other reason. In such cases “NOT SCANNED AT MXCS” stamp is required to be endorsed on EIR / pickup ticket and containers should be brought to DTCS for scanning, by the Importer / CB in the case of DPD-DPD containers and CFS / Shipping lines in the case of DPD-CFS and Non DPD.

12. Non-generation of Scanning List:

i. In the case of DPD-CFS and Non DPD containers, after completion of 08 hrs of entry inwards, if the scanning list remains to be generated, the CFS shall be allowed to move the containers to the respective CFS to avoid congestion inside the Port. In the case of DPD-DPD the containers continue to be inside the terminals as allowed by the terminals as per the existing procedure.

ii. If the scanning list is generated after the movement of the containers to the respective CFS within 24 hrs, the container selected for scanning shall be diverted to DTCS for scanning.

iii. In case of non-generation of scanning list even after 24 hrs, all the containers except the container originated /coming from Pakistan and container of HMS shall be allowed to be examined / cleared by the Docks staff as per rules and containers from Pakistan and containers of HMS shall be scanned at the DTCS and thereafter cleared as para no 6 of PN 15/2013 dated 07.05.2013.

13. If a container is not selected in the first scanning list for a particular IGM, but gets selected after reaching the concerned CFS on the basis of any amendment subsequently filed for that particular IGM, then such container shall be brought for scanning to the DTCS with seal intact prior to giving Out of Charge. Alternative, Deputy/Assistant Commissioner of Customs, CFS (Import) may grant NOC from scanning but shall order for necessary examination at the respective CFS.

14. List of containers selected for scanning at MXCS but not cleared/evacuated from the terminal within 07 days, shall be provided by the Terminal Operator to the Container Scanning Division on weekly basis via mail at [email protected].

15. The procedure described in this Public Notice is implemented with immediate effect.

16. In case of any dispute emerges on the points/procedures which have not been incorporated in this Public Notice however the points/procedure are clarified in other Public Notice issued by JNCH. The Public Notices already in public domain may be contemplated/envisaged for resolution of dispute/grievances. In case of any difficulties faced in implementing this Public Notice, the specific issue may be brought to the notice of the Deputy Commissioner/ CSD, JNCH via e-mail Id: [email protected]

-Sd-
(S. K. Vimalanathan)
Pr. Commissioner of Customs
NS-III, JNCH, Nhava-Sheva.

Copy to:

1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH.

2. The Commissioner of Customs, NS-G/ NS-I/ NS-II / NS-IV / NS-V, JNCH.

3. All Additional / Joint Commissioners of Customs, JNCH.

4. All Deputy / Assistant Commissioner of Customs, JNCH.

5. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH.

6. Representative of BCBA for information and circulation among their members for information.

7. All Port Terminals (JNPCT, GTI, NSICT / NSIGT, BMCT)

8. The CFSAI

9. The AC/DC, EDI for uploading on JNCH website immediately.

10. Notice Board, JNCH.

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